Publication
53069 (29 March 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 53069
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at or near [ ]. The Applicant was walking with two friends at night when he was subjected to an assault causing him to sustain personal injury.
The Applicant was hit in the head with force, causing a fracture of his jaw, and he fell to the ground where he was rendered unconscious. He woke in [ ] Hospital, where he was being treated for his injuries.
It appears that the incident was not the subject of any formal complaint by way of statement of complaint from the Applicant or from any other person. The application in reply to the question “By whom reported” states “Not known but witness [ ] attended with the Gardai in [ ] in its squad car to trace the culprits on the night in question”. No investigating Garda member is identified. It appears that the offenders were not identified and no criminal proceedings arose. The Applicant did not receive any payment of compensation in relation to the matter at any time.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. In this case the application was received on the [ ] and was very substantially late. This Tribunal Member notes the contents of a report from Dr. [ ], Consultant Psychiatrist, who was of the view that the Applicant sustained a form of brain injury which is chronologically related to his head injury sustained in the incident in [ ]. Dr. [ ] expressed the view that the Applicant’s condition would have contributed to his ability to make an application to the Tribunal on time. Whilst this Member notes that the period of delay in this case is grossly inordinate, this Member determines that the circumstances are such to justify exceptional treatment.
Paragraph 23 of the General Scheme (pre-April 2021) states that “To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported without delay to the Gardaí. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them.”
The Applicant states that he was the victim of a crime of violence which occurred on the [ ] in [ ] when he was subjected to a serious assault and sustained personal injury.
This Member must have regard to Paragraph 23 of the Scheme. The offence in this case has not been the subject of criminal proceedings. There is no evidence of any formal report, by way of statement of complaint, to An Garda Siochana by the Applicant or by any other person at any time. There is no evidence of efforts made by the Applicant to notify An Garda Siochana of the offence and to cooperate with them. A cover letter dated [ ] from the Applicant’s Solicitors enclosing the application stated that “Enquiries are being made of An Garda Siochana in relation to the reports that were made of the assault and further information will be provided as it comes to hand”. However, no further information has been submitted. There is no exceptional circumstances provision contained in Paragraph 23.
In the circumstances, pursuant to Paragraph 23 of the Scheme, the Tribunal makes no award.
Dated the 29th day of March 2023.
Cathal Lombard
Tribunal Member